Case: Doe v. Trump

3:19-cv-01743 | U.S. District Court for the District of Oregon

Filed Date: Oct. 30, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 30, 2019, seven individual plaintiffs and Latino Network filed this putative class-action complaint in the U.S. District Court for the District of Oregon, challenging President Trump’s October 4, 2019 “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” (the “Proclamation”). The plaintiffs, represented by the Innovation Law Lab, the American Immigration Lawyers Association, the Justice Action Center, and …

On October 30, 2019, seven individual plaintiffs and Latino Network filed this putative class-action complaint in the U.S. District Court for the District of Oregon, challenging President Trump’s October 4, 2019 “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” (the “Proclamation”). The plaintiffs, represented by the Innovation Law Lab, the American Immigration Lawyers Association, the Justice Action Center, and private counsel, alleged that the Proclamation imposes a new ground of inadmissibility whereby immigrants will be denied visas unless they prove they can get health insurance. The individual plaintiffs are U.S. citizens in the process of sponsoring family members for visas, but face denial under the new Proclamation. The plaintiffs sued President Trump, the Department of Homeland Security, the Department of Health and Human Services, and the Department of State, alleging that the Proclamation is ultra vires and violates the Administrative Procedure Act and Fifth Amendment due process. The plaintiffs sought declaratory and injunctive relief, as well as attorneys’ fees and costs. The case was assigned to Judge Michael H. Simon.

In their complaint, the plaintiffs alleged that the Proclamation would block nearly two thirds of all prospective legal immigrants from receiving visas to travel to the U.S. Specifically, they claimed the Proclamation would bar qualified immigrant applicants from receiving visas and entering the U.S. unless they can establish, to the satisfaction of a consular officer, that they either will be covered by approved health insurance within 30 days after entry, or are wealthy enough—and/or healthy enough—to pay for reasonably foreseeable medical costs. The plaintiffs argued that such a policy contravenes well-established immigration and healthcare laws, exceeds the scope of the President’s statutory authority, and violates procedural due process and equal protection.

On November 1, 2019, the plaintiffs filed a motion for a temporary restraining order. The court heard oral argument on November 2 and granted the plaintiff’s motion, temporarily enjoining the defendants from enforcing the Proclamation for at least 28 days. 2019 WL 5685204.

On November 8, 2019, the plaintiffs filed a motion for a preliminary injunction, as well as a motion to certify two subclasses: (1) a subclass of U.S. citizens who are petitioners sponsoring a visa for family members; and (2) a subclass of foreign nationals who are visa applicants. On November 11, the plaintiffs also filed a motion to compel the administrative record. On November 15, the court ordered the defendants to produce the record by November 20. 2019 WL 6050111.

On November 26, 2019, the court issued a nationwide preliminary injunction enjoining enforcement of the Proclamation. The court found that the Proclamation contravened and overrode Congress’s intent as expressed in certain provisions of the Immigration and Nationality Act (INA). 2019 WL 6324560.

On November 27, the plaintiffs filed an amended complaint, adding another individual plaintiff to represent the Visa Applicant Subclass.

On December 4, 2019, the defendants appealed the grant of the preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit (#19-36020). The defendants requested an emergency temporary stay of the district court’s preliminary injunction, as well as a stay of the injunction pending appeal.

On December 20, the Ninth Circuit denied the request for a temporary stay. The Court found that the status quo would be disrupted by granting the temporary stay request because the Proclamation would make major and unprecedented changes to American immigration policy and the harms the government would allegedly suffer absent the stay were long-term rather than immediate. 944 F.3d 1222.

Back in the district court, the defendants were ordered to supplement the administrative record on February 11, 2020.

On April 7, 2020, Judge Simon granted the plaintiffs' motion for class certification. He certified the following two subclasses:

(1) U.S. Petitioner Subclass

"Individuals in the United States who currently have or will have an approved or pending petition to the United States government to sponsor a noncitizen family member for an immigrant visa; and whose sponsored family member is subject to the Proclamation and unable to demonstrate to a consular officer's satisfaction that he or she 'will be covered by approved health insurance' within 30 days after entry or will be able 'to pay for reasonably foreseeable medical costs;'"

(2) Visa Applicant Subclass

"Individuals who are foreign nationals who (i) have applied for or will soon apply to the United States government for an immigrant visa; (ii) are otherwise eligible to be granted the visa; but (iii) are subject to the Proclamation and unable to demonstrate to the satisfaction of a consular officer that they 'will be covered by approved health insurance' within 30 days after entry or will be able 'to pay for reasonably foreseeable medical costs.'"

In his order, Judge Simon explained that the U.S. Petitioner Subclass plaintiffs had standing because they had shown a credible threat or realistic danger of injury from the Proclamation.

On April 25, 2020, the plaintiffs filed an emergency motion for a temporary restraining order to prevent the enforcement of a new Presidential Proclamation that had been issued on April 22, 2020, titled "Suspension of Entry of Immigrants who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak" (No. 10014). The plaintiffs requested that the court restrain enforcement of the Proclamation to the extent that it prevents certain underage members of the Visa Applicant Subclass from accessing emergency consular processing services to prevent their aging out of their place in the visa queue (which could prevent them from receiving visas).

On April 29, Judge Simon issued an opinion and order denying the plaintiffs' motion. He found that the court's existing jurisdiction in this lawsuit focused only on the October 4th Proclamation, and that the new April 22nd Proclamation was completely unrelated. Thus, Judge Simon concluded that there was no basis for invoking the All Writs Act to suspend the new Proclamation.

On May 4, 2020, the Ninth Circuit issued an opinion and order denying the defendants' motion to stay the district court's preliminary injunction pending appeal. The Court found that the government had failed to meet its burden of showing irreparable harm. It also concluded that the government had not sustained its burden of showing that it had a strong likelihood of prevailing against the plaintiffs' claims on the merits. Finally, it held that the nationwide scope of the district court's injunction was appropriate given the nationwide class. 2020 WL 2110978.

The case is ongoing.

Summary Authors

Sam Kulhanek (5/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16403696/parties/doe-v-trump/


Judge(s)

Berzon, Marsha Siegel (California)

Bress, Daniel Aaron None (Montana)

Simon, Michael Howard (Oregon)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Dahab, Nadia H. (Oregon)

Fee, Kevin M. Jr. (Illinois)

Hellgren, Tess (Oregon)

Igra, Naomi Ariel (California)

Manning, Stephen W. (Oregon)

Stein, Scott D. (Illinois)

Judge(s)

Berzon, Marsha Siegel (California)

Bress, Daniel Aaron None (Montana)

Simon, Michael Howard (Oregon)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Dahab, Nadia H. (Oregon)

Fee, Kevin M. Jr. (Illinois)

Hellgren, Tess (Oregon)

Igra, Naomi Ariel (California)

Manning, Stephen W. (Oregon)

Stein, Scott D. (Illinois)

Sung, Esther (California)

Tumlin, Karen C. (California)

Attorneys(s) for Defendant

Baxter-Neal, Leland (Oregon)

Chang, Deanna J. (Oregon)

Edwards, Brian D. (Georgia)

Flentje, August E. (District of Columbia)

Moran, Courtney Elizabeth (District of Columbia)

Ward, Brian Christopher (District of Columbia)

Other Attorney(s)

Franklin, Richard D (Oregon)

Expert/Monitor/Master

Bless, Jesse (District of Columbia)

Documents in the Clearinghouse

Document

Docket

May 5, 2020 Docket
1

Class Action Complaint

Oct. 30, 2019 Complaint
33

Temporary Restraining Order

414 F.Supp.3d 1307

Nov. 2, 2019 Order/Opinion
95

Opinion and Order

418 F.Supp.3d 573

Nov. 26, 2019 Order/Opinion
100

First Amended Class Action Complaint

Nov. 27, 2019 Complaint

Opinion

Doe #1 v. Trump

U. S. Court of Appeals for the Ninth Circuit

944 F.3d 1222

Dec. 20, 2019 Order/Opinion
132

Opinion and Order

335 F.R.D. 416, 2020 WL 1689727

April 7, 2020 Order/Opinion
143

Opinion and Order

Doe #1 v. Trump

April 29, 2020 Order/Opinion
65

Order

Doe #1 v. Trump

U. S. Court of Appeals for the Ninth Circuit

957 F.3d 1050

May 4, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16403696/doe-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
2

Motion for Leave to Appear Pro Hac Vice for Attorney Karen C Tumlin . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979−6063401. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 10/30/2019)

Oct. 30, 2019
3

Motion for Leave to Appear Pro Hac Vice for Attorney Esther H Sung . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979−6063406. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 10/30/2019)

Oct. 30, 2019
4

Motion for Leave to Appear Pro Hac Vice for Attorney Scott D Stein . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979−6063408. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 10/30/2019)

Oct. 30, 2019
5

Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5 . Discovery is to be completed by 2/28/2020. Joint Alternate Dispute Resolution Report is due by 3/30/2020. Pretrial Order is due by 3/30/2020. Ordered by Magistrate Judge Stacie F. Beckerman. (joha) (Entered: 10/31/2019)

Oct. 31, 2019
6

Summons Issued Electronically as to Secretary of Health and Human Services, Secretary of State, Secretary of the Department of Homeland Security, Donald Trump, U.S. Department Health & Human Services, U.S. Department of Homeland Security, U.S. Department of State, United States of America. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3−5. (joha) (Entered: 10/31/2019)

Oct. 31, 2019
7

Motion for Temporary Restraining Order . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/01/2019)

Nov. 1, 2019
8

ORDER: Granting Application for Special Admission Pro Hac Vice of Karen C. Tumlin for Iris Angelina Castro, Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1, Latino Network, Juan Ramon Morales, and Brenda Villarruel. Application Fee in amount of $300 collected. Signed on November 1, 2019 by Magistrate Judge Stacie F. Beckerman. (eo) (Entered: 11/01/2019)

Nov. 1, 2019
9

Notification of CM/ECF Account for Karen C. Tumlin ( Pro Hac Vice admission). Your login is: kctumlin . Go to the CM/ECF login page to set your password. (eo) (Entered: 11/01/2019)

Nov. 1, 2019
10

ORDER: Granting Application for Special Admission Pro Hac Vice of Esther H. Sung for Iris Angelina Castro, Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1, Latino Network, Juan Ramon Morales, and Brenda Villarruel. Signed on November 1, 2019 by Magistrate Judge Stacie F. Beckerman. (eo) (Entered: 11/01/2019)

Nov. 1, 2019
11

Notification of CM/ECF Account for Esther H. Sung ( Pro Hac Vice admission). Your login is: ehsung . Go to the CM/ECF login page to set your password. (eo) (Entered: 11/01/2019)

Nov. 1, 2019
12

ORDER: Granting Application for Special Admission Pro Hac Vice of Scott D. Stein for Iris Angelina Castro, Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1, Latino Network, Juan Ramon Morales, and Brenda Villarruel. Signed on November 1, 2019 by Magistrate Judge Stacie F. Beckerman. (eo) (Entered: 11/01/2019)

Nov. 1, 2019
13

Notification of CM/ECF Account for Scott D. Stein ( Pro Hac Vice admission). Your login is: sdstein . Go to the CM/ECF login page to set your password. (eo) (Entered: 11/01/2019)

Nov. 1, 2019
15

Motion to Proceed Under Pseudonym . Filed by Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1. (Dahab, Nadia) (Entered: 11/01/2019)

Nov. 1, 2019
16

Declaration of Blake Doe . Filed by Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1. (Related document(s): Motion − Miscellaneous 15 .) (Dahab, Nadia) (Main Document 16 replaced on 11/6/2019) (cw). (Entered: 11/01/2019)

Nov. 1, 2019
17

Declaration of John Doe . Filed by Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1. (Related document(s): Motion − Miscellaneous 15 .) (Dahab, Nadia) (Main Document 17 replaced on 11/6/2019) (cw). (Entered: 11/01/2019)

Nov. 1, 2019
18

Declaration of Jane Doe #2 . Filed by Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1. (Related document(s): Motion − Miscellaneous 15 .) (Dahab, Nadia) (Main Document 18 replaced on 11/6/2019) (cw). (Entered: 11/01/2019)

Nov. 1, 2019
19

Scheduling Order by Judge Michael H. Simon. ORDER − Resetting the Telephone Conference to an In−Court Conference regarding Plaintiffs' Motion for Temporary Restraining Order (ECF 7 ) set for 11/2/2019 at 2:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/01/2019)

Nov. 1, 2019
20

Declaration of Jane Doe #3 . Filed by Blake Doe, Jane Doe #2, Jane Doe #3, John Doe #1. (Related document(s): Motion − Miscellaneous 15 .) (Dahab, Nadia) (Main Document 20 replaced on 11/6/2019) (cw). (Entered: 11/01/2019)

Nov. 1, 2019
21

Motion for Leave to Appear Pro Hac Vice for Attorney Jesse Bless . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979−6066625. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/01/2019)

Nov. 1, 2019
22

Motion for Leave to Appear Pro Hac Vice for Attorney Naomi A Igra . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979−6066703. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/01/2019)

Nov. 1, 2019
23

Declaration of Carmen Rubio . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 23 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
24

Declaration of Iris Angelina Castro . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 24 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
25

Declaration of Brenda Villarruel . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 25 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
26

Declaration of Juan Ramon Morales . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 26 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
27

Declaration of Blake Doe . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 27 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
28

Declaration of John Doe #1 . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 28 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
29

Declaration of Jane Doe #2 . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 29 replaced on 11/6/2019) (cw). (Entered: 11/02/2019)

Nov. 2, 2019
30

Declaration of Jane Doe #3 . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 7 .) (Dahab, Nadia) (Main Document 30 replaced on

Nov. 2, 2019
32

MINUTES OF ORAL ARGUMENT HEARING: ORDER − Plaintiffs' Motion for Temporary Restraining Order (ECF 7 ) is GRANTED for a period not to exceed 28 days. Formal order to follow. ORDER − Setting a briefing schedule as follows: Plaintiffs' Motion for Preliminary Injunction is due by November 8, 2019; Defendants' response is due by November 15, 2019; Plaintiffs' reply is due by November 19, 2019; and a Preliminary Injunction Hearing is set for Friday, November 22, 2019 at 1:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Nadia H. Dehab, Stephen W. Manning, Esther H. Sung, Karen C. Tumlin, Scott D. Stein, Stephanie Hales, Keven Fee, and Jesse Bless present as counsel for Plaintiffs. Andrew Bernie, Brian Ward, and Courtney Moran present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/02/2019)

Nov. 2, 2019
33

TEMPORARY RESTRAINING ORDER − Defendants are hereby temporarily restrained and enjoined from taking any action to implement or enforce Presidential Proclamation No. 9945 ("Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System"). 2. In the interest of justice, Plaintiffs need not provide any security and all requirements under Rule 65(c) of the Federal Rules of Civil Procedure are waived. 3. The Court will hold a hearing on Friday, November 22, 2019, at 1:00 p.m. in Courtroom 15B of the Mark O. Hatfield United States Courthouse in Portland, Oregon to determine whether a preliminary injunction should be issued. The Court will set a briefing schedule by separate order. 4. This Order shall expire twenty−eight (28) days after entry, unless otherwise extended by stipulation of the parties or by further order of the Court. Signed on 11/2/2019 by Judge Michael H. Simon. (mja) (Entered: 11/02/2019)

Nov. 2, 2019
34

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion for Temporary Restraining Order held on November 2, 2019 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326−8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER−See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/12/2019. Redaction Request due 11/25/2019. Redacted Transcript Deadline set for 12/4/2019. Release of Transcript Restriction set for 2/3/2020. (Apodaca, Dennis) (Entered: 11/03/2019)

Nov. 3, 2019
35

ORDER: Granting Application for Special Admission Pro Hac Vice of Jesse Bless for Iris Angelina Castro, Blake Doe,Jane Doe #2,J Jane Doe #3, John Doe #1, Latino Network, Juan Ramon Morales,and Brenda Villarruel. Application Fee in amount of $300 collected. Receipt No. 0979−6066625 issued. Signed on 11/4/2019 by Magistrate Judge Stacie F. Beckerman. (ecp) (Entered: 11/04/2019)

Nov. 4, 2019
36

Notification of CM/ECF Account for Jess Bless ( Pro Hac Vice admission). Your login is: jbless . Go to the CM/ECF login page to set your password. (ecp) (Entered: 11/04/2019)

Nov. 4, 2019
37

ORDER: Granting Application for Special Admission Pro Hac Vice of Naomi A. Igra for Iris Angelina Castro, Blake Doe, Jane Doe #2 Jane Doe #3,r John Doe #1,Latino Network, Juan Ramon Morales,and Brenda Villarruel. Application Fee in amount of $300 collected. Receipt No. 0979−6066703 issued. Signed on 11/4/2019 by Magistrate Judge Stacie F. Beckerman. (ecp) (Entered: 11/04/2019)

Nov. 4, 2019
38

Notification of CM/ECF Account for Naomi A. Igra ( Pro Hac Vice admission). Your login is: naigra . Go to the CM/ECF login page to set your password. (ecp) (Entered: 11/04/2019)

Nov. 4, 2019
39

Notice of Correction by Clerk regarding 28 Declaration, 26 Declaration, 27 Declaration, 24 Declaration, 20 Declaration, 18 Declaration, 29 Declaration, 23 Declaration, 16 Declaration, 17 Declaration, 30 Declaration, 25 Declaration. A Clerical error has been discovered in the case record: The documents were missing a case caption cover page. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachments. (cw)

Nov. 6, 2019
41

Notice of Appearance of Brian C. Ward appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Ward, Brian) (Entered: 11/07/2019)

Nov. 7, 2019
42

Unopposed Motion to File Excess Pages . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/07/2019)

Nov. 7, 2019
43

ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Oversized Brief (ECF No. 42 ). Ordered on 11/8/2019 by Judge Michael H. Simon. (gw) (Entered: 11/08/2019)

Nov. 8, 2019
44

Motion to Certify the Class . Oral Argument requested. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
45

Declaration of Stephen W Manning . Filed by All Plaintiffs. (Related document(s): Motion to certify class 44 .) (Attachments: # 1 Exhibit Presidential Proclamation Ntc of Oct 4 2019 WH, # 2 Exhibit Presidential Proclamation Ntc of Oct 4 2019 DOS, # 3 Exhibit AIDS United, # 4 Exhibit American Medical Assn, # 5 Exhibit Asian Pacific Islander American Health Forum, # 6 Exhibit Center for Elder Law & Justice, # 7 Exhibit Childrens Health Watch, # 8 Exhibit Consortium for Citizens with Disabilities, # 9 Exhibit Covered California, # 10 Exhibit DC Health Benefit Exchange, # 11 Exhibit Disability Rights California, # 12 Exhibit Latino Network, # 13 Exhibit Legal Aid Society, # 14 Exhibit Mass Health Connector, # 15 Exhibit MN Sure, # 16 Exhibit Natl Assn Pediatric Nurse Practicioners, # 17 Exhibit Natl Disability Rights Network, # 18 Exhibit Natl Health Law Project, # 19 Exhibit Natl Immigration Law Center, # 20 Exhibit Or Dept Consumer Business Services, # 21 Exhibit Oregon Primary Care Assn, # 22 Exhibit American Occ Therapy Assn, # 23 Exhibit Virginia Garcia Memorial Health Center, # 24 Exhibit AILA Comment, # 25 Exhibit Report to Congress on Medicaid, # 26 Exhibit DOS Emergency Notice, # 27 Exhibit OMB Notice of Action, # 28 Exhibit Response to Emergency PRA) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
46

Motion for Preliminary Injunction . Oral Argument requested. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
47

Declaration of Jane Doe 3 . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
48

Declaration of Charles H Kuck . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
49

Declaration of Jane Doe 2 . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
50

Declaration of Daniel Rhoads . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
51

Declaration of Iris Castro . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
52

Declaration of Dulce Ramos . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
53

Declaration of Juan Ramon Morales . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
55

Declaration of John Doe 1 . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
56

Declaration of Sarah Lueck . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
57

Declaration of Dania Palanker . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
58

Declaration of Gabino Castellanos . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
59

Declaration of Carmen Rubio . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
60

Declaration of Brenda Villarruel . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
61

Declaration of Louise Norris . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
62

Declaration of Dagmar Butte . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
63

Declaration of Joan Watson−Patko . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
64

Declaration of Stacey Pogue . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
65

Declaration of Pam Macewan . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
66

Declaration of Blake Doe . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 , Motion to certify class 44 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
67

Declaration of Nadia Dahab . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 .) (Manning, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019
68

Motion to Compel Administrative Record . Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/11/2019)

Nov. 11, 2019
69

Declaration of Nadia H. Dahab . Filed by All Plaintiffs. (Related document(s): Motion to compel 68 .) (Dahab, Nadia) (Entered: 11/11/2019)

Nov. 11, 2019
70

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Judge Michael H. Simon. (eo) (Entered: 11/12/2019)

Nov. 12, 2019
71

Unopposed Motion for Leave to File Brief of Amici Curiae States and City in Support of Plaintiffs' Motion for a Preliminary Injunction and Memorandum in Support . Filed by State of Oregon, State of California. (Chang, Deanna) (Entered: 11/12/2019)

Nov. 12, 2019
72

Motion to Appear as Amicus Curiae . Filed by Causa, El Programa Hispano Catolico, Virginia Garcia Memorial Health Center, Adelante Mujeres, Oregon Interfaith Movement for Immigrant Justice, Centro Latino Americano, Catholic Charities Immigration Legal Services, Immigrant and Refugee Community Organization, VIVA Inclusive Migrant Network. (Baxter−Neal, Leland) (Entered: 11/12/2019)

Nov. 12, 2019
73

Proposed Amicus Curiae Appearance entered by Leland Baxter−Neal on behalf of Adelante Mujeres, Catholic Charities Immigration Legal Services, Causa, Centro Latino Americano, El Programa Hispano Catolico, Immigrant and Refugee Community Organization, Oregon Interfaith Movement for Immigrant Justice, VIVA Inclusive Migrant Network, Virginia Garcia Memorial Health Center . Filed by on behalf of Adelante Mujeres, Catholic Charities Immigration Legal Services, Causa, Centro Latino Americano, El Programa Hispano Catolico, Immigrant and Refugee Community Organization, Oregon Interfaith Movement for Immigrant Justice, VIVA Inclusive Migrant Network, Virginia Garcia Memorial Health Center. (Baxter−Neal, Leland) (Entered: 11/12/2019)

Nov. 12, 2019
74

ORDER − The State of Oregon and the State of California's Unopposed Motion for Leave to File Brief of Amici Curiae States and City in Support of Plaintiffs' Motion for a Preliminary Injunction (ECF 71 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/13/2019)

Nov. 13, 2019
75

ORDER − The Amici organizations Causa, El Programa Hispano Catlico, Virginia Garcia Memorial Health Center, Adelante Mujeres, Oregon Interfaith Movement for Immigrant Justice, Centro Latino Americano, Catholic Charities Immigration Legal Services, Immigrant and Refugee Community Organization, and VIVA Inclusive Migrant Network's Motion for Leave to File Brief of Amici Curiae (ECF 72 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/13/2019)

Nov. 13, 2019
76

Response in Opposition to Motion to Compel Administrative Record 68 . Filed by All Defendants. (Moran, Courtney) (Entered: 11/13/2019)

Nov. 13, 2019
77

Unopposed Motion to File Excess Pages . Filed by All Defendants. (Ward, Brian) (Entered: 11/14/2019)

Nov. 14, 2019
78

Reply to Motion to Compel Administrative Record 68 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/14/2019)

Nov. 14, 2019
79

ORDER − The Government's Unopposed Motion for Leave to File Oversized Brief (ECF 77 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/15/2019)

Nov. 15, 2019
80

Notice of Appearance of August E. Flentje appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Flentje, August) (Main Document 80 replaced on 11/15/2019) (joha). (Entered: 11/15/2019)

Nov. 15, 2019
81

Notice of Correction by Clerk regarding Notice of Appearance 80 . A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment. (joha) (Entered: 11/15/2019)

Nov. 15, 2019
82

Motion for Leave to Appear Pro Hac Vice for Attorney Kevin Fee . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979−6084302. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/15/2019)

Nov. 15, 2019
83

Opinion and Order − Defendants shall produce, before noon November 20, 2019, documents from the State Department's administrative record relating to the amendments to the Foreign Affairs Manual and the State Department's "methodology" and other definitions implementing the Proclamation. If Plaintiffs believe that additional documents from the administrative record are necessary at this stage of the litigation, Plaintiffs may contact the Courtroom Deputy with their request. If Defendants cannot feasibly produce all of the documents as ordered, Defendants may contact the Court and provide an explanation. Plaintiffs may file a supplemental brief of no more than 10 pages addressing new arguments raised by the produced documents, if any, on or before 3:00 p.m. on November 21, 2019. The parties shall confer on a date for the lodging of the full administrative record. Signed on 11/15/2019 by Judge Michael H. Simon. (mja) (Entered: 11/15/2019)

Nov. 15, 2019
84

Response in Opposition to Motion for Preliminary Injunction 46 . Filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Ward, Brian)

Nov. 15, 2019
86

Notification of CM/ECF Account for Kevin M. Fee ( Pro Hac Vice admission). Your login is: kmfee . Go to the CM/ECF login page to set your password. (ecp) (Entered: 11/18/2019)

Nov. 18, 2019
87

Motion for Extension of Time to File a Response/Reply to Motion to Certify the Class 44 . Expedited Hearing requested. Filed by All Defendants. (Ward, Brian) (Entered: 11/18/2019)

Nov. 18, 2019
88

Brief of Amici Curiae States and City in Support of Plaintiffs' Motion for a Preliminary Injunction . Filed by State of California, State of Oregon. (Chang, Deanna) (Entered: 11/19/2019)

Nov. 19, 2019
89

ORDER − Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification (ECF 87 ) is DENIED with leave to renew if the parties can reach an agreement regarding a modest extension of the pending TRO. If such an extension is agreed upon, the parties should confer regarding an appropriate briefing schedule that allows both sides to have sufficient time to brief their respective positions on the pending motions for preliminary injunction and class certification and that also allows the Court sufficient time to consider the parties' arguments before the expiration of the TRO. Signed on 11/19/2019 by Judge Michael H. Simon. (mja) (Entered: 11/19/2019)

Nov. 19, 2019
90

Reply to Motion for Preliminary Injunction 46 Oral Argument requested. Filed by All Plaintiffs. (Manning, Stephen) (Entered: 11/19/2019)

Nov. 19, 2019
91

Administrative Record . Filed by All Defendants. (Ward, Brian) (Entered: 11/21/2019)

Nov. 21, 2019
92

Supplemental Brief . Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction 46 .) (Dahab, Nadia) (Entered: 11/21/2019)

Nov. 21, 2019
93

MINUTES OF PRELIMINARY INJUNCTION HEARING: ORDER − Plaintiff's Motion for Preliminary Injunction (ECF 46 ) is taken under advisement on November 22, 2019. Nadia H. Dehab, Stephen W. Manning, Esther H. Sung, Karen C. Tumlin, Scott D. Stein, Jesse Bless, and Kevin Fee present as counsel for Plaintiffs. August E. Flentje, Brian C. Ward, and Courtney E. Moran present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/22/2019)

Nov. 22, 2019
94

Response in Opposition to Motion to Certify the Class 44 Oral Argument requested. Filed by All Defendants. (Moran, Courtney) (Entered: 11/22/2019)

Nov. 22, 2019
95

Opinion and Order − Plaintiffs' Motion for a Preliminary Injunction (ECF 46 ) is GRANTED. Until the Court resolves this case on the merits or orders otherwise, or until such time as the parties agree in writing to amend, supersede, or terminate this Preliminary Injunction, IT IS ORDERED that Defendants are enjoined from taking any action to implement or enforce Presidential Proclamation No. 9945, "Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System." Signed on 11/26/2019 by Judge Michael H. Simon. (mja) (Entered: 11/26/2019)

Nov. 26, 2019
96

Stipulated Motion for Protective Order . Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/26/2019)

Nov. 26, 2019
97

SCHEDULING ORDER − Within a reasonable time not to exceed 28 days without further Court order, the parties shall confer and then file with the Court a proposed case management order addressing: (1) a process and schedule for completing class discovery and supplementing, if needed, any briefing on class certification; (2) a process and schedule for resolving any remaining disputes concerning the lodging of the Administrative Record; and (3) any other matters that either party wishes to raise. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/27/2019)

Nov. 27, 2019
99

Notice of Appearance of Tess Hellgren appearing on behalf of All Plaintiffs Filed by on behalf of All Plaintiffs. (Hellgren, Tess) (Entered: 11/27/2019)

Nov. 27, 2019
100

First Amended Complaint . Filed by Jane Doe #3, Jane Doe #2, John Doe #1, Blake Doe, Brenda Villarruel, Juan Ramon Morales, Latino Network, Iris Angelina Castro, Gabino Soriano Castellanos against All Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2). (Dahab, Nadia) (Entered: 11/27/2019)

Nov. 27, 2019
101

Notice of Filing First Amended Class Action Complaint Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/27/2019)

Nov. 27, 2019
102

Reply to Motion to Certify the Class 44 Oral Argument requested. Filed by All Plaintiffs. (Dahab, Nadia) (Entered: 11/27/2019)

Nov. 27, 2019
103

Declaration of Nadia Dahab . Filed by All Plaintiffs. (Related document(s): Reply to Motion 102 .) (Dahab, Nadia) (Entered: 11/27/2019)

Nov. 27, 2019
104

Notice of Appeal to the 9th Circuit (fee exempt status selected (AUSA)) . Filed by All Defendants. (Ward, Brian) (Entered: 12/04/2019)

Dec. 4, 2019

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal − Preliminary Injunction 104 . Case Appealed to 9th Circuit Court of Appeals Case Number 19−36020 assigned. (jtj) (Entered: 12/05/2019)

Dec. 5, 2019
105

Order from USCA for the 9th Circuit, USCA # 19−36020 re Notice of Appeal − Preliminary Injunction 104 . The appeal filed December 4, 2019 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3−3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than January 2, 2020; the answering brief is due January 30, 2020 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3−3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31−2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31−2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42−1. (jtj) (Entered: 12/05/2019)

Dec. 5, 2019
106

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on November 22, 2019 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326−8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER−See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/19/2019. Redaction Request due 1/2/2020. Redacted Transcript Deadline set for 1/13/2020. Release of Transcript Restriction set for 3/11/2020. (Apodaca, Dennis) (Entered: 12/12/2019)

Dec. 12, 2019

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Oct. 30, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

(1) a subclass of U.S. citizens who are petitioners sponsoring a visa for family members; and (2) a subclass of foreign nationals who are visa applicants.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Department of Health and Human Services, Federal

U.S. Department of State, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process: Procedural Due Process

Federalism (including 10th Amendment)

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Admission - criteria

Constitutional rights

Visas - criteria